Here are some more common assumptions:
I can get divorced whenever I like
Not true. No matter how difficult the circumstances you must have been married for at least 1 year before being able to petition for a divorce.
All divorces are nasty and messy
Aggressive and acrimonious divorces are rare nowadays. Most divorces are agreed without the need for any attendances at Court. A Co-operative approach with other Family Lawyers always helps and processes like Mediation and Collaborative Law provide constructive and non-confrontational routes to a settlement.
A divorce petition merely needs to state “irreconcilable differences”
Incorrect. Limiting your statement in a divorce petition to “irreconcilable differences” or merely stating “we don’t get on anymore” will be insufficient information to persuade the Court that you are entitled to a divorce. Unless you and your spouse have lived apart continuously for more than two years, divorce proceedings will have to be based on either unreasonable behaviour or adultery.
Divorce cannot be based on Adultery after you have separated
Even if you have been separated for many years, any sexual relationship outside of the marriage will be considered adulterous until the decree absolute has been pronounced. However, this rarely has much relevance to the outcome of the financial matters.
Children always live with their mother after divorce
This is not always true. Every situation is different and the outcome will be decided by what is considered best for the child or children.
I was the “bread winner”, so I deserve more
Incorrect. Contributions made by the home-maker are viewed the same as any financial contribution and equal contributions will generally lead to an equal distribution of assets. When the assets are limited, as is so often the case, financial needs most often dictate that the parent with care of the children will receive the majority of the assets.
Common law marriage
This remains a common misconception. There is no such thing as a common law spouse. Un-married couples that live together have no automatic rights, despite most people presuming so.
Pre-nuptial agreements are a waste of time
Not necessarily true anymore. Whilst pre-nups are not yet legally binding in this jurisdiction, they are usually taken into account by the Courts, so long as certain conditions are met, such as full and frank disclosure. They can carry a great deal of weight, particularly after a short marriage. Case law continues to evolve in this area of law.
